Eviction proceedings are handled in the Civil Division of the State Court Clerk’s Office. They are sometimes referred to as a Dispossessory, a Dispossessory Warrant, a Dispo or a Proceeding against Tenant Holding Over. This proceeding is filed by the homeowner or an attorney acting on their behalf against a tenant, which they have a legal right to evict.
Procedure for Filing
The forms for filing an eviction are provided by our office. The Plaintiff/Attorney may appear in person to file an eviction proceeding or may request the forms by mail by sending a request and a self-addressed stamped envelope to this office or the forms may be accessed via this website. The affidavit must be completed and signed by the plaintiff/attorney in the presence of a Deputy Clerk or a Notary Public. The filing fee is due at the time that the proceeding is filed. Once the proceeding is filed with our office it is assigned a case number, processed and sent to the Sheriff's Office for service.
Methods of Service
The defendant/tenant will be served with a copy of the eviction proceedings by the Cobb County Sheriff’s Office or in some instances the plaintiff/attorney can have the defendant served by an individual who has been appointed by the court as a special process server. There are several different methods of service. They include: tack & mail, personal, notorious and corporate.
Summons by Clerk
The defendant(s) herein is/are commanded and required personally or by attorney to appear at the State Court of Cobb County, 12 East Park Square, Marietta, Georgia, between the hours of 8:00 a.m. and 5:00 p.m. on or before the SEVENTH day from the date of service of the within affidavit and summons (or on the first business day thereafter IF the seventh day falls on Saturday, Sunday or legal Holiday) to answer the affidavit in writing or orally. If the answer is NOT made, a Writ of Possession and/or judgment shall issue instanter.
Once a Writ of Possession has been issued, the plaintiff/attorney must contact the Sheriff's Office for scheduling information.
If the defendant/tenant fails to answer and was personally or notoriously served then you may submit an affidavit of default and a proposed order for judgment stating the amount of money that is due.
A Writ of Fieri Facias (Fi Fa) will be issued upon written request and payment of a Fi Fa recording fee.